Same goes for caste discrimination and untouchability
Dalit Online
8 August 2023
KATHMANDU – Local Pudke Okheda bought some land 25 years ago near Bahunbasti located in Bajhang District, Vitthadchir Rural Municipality-7 Syaldhunga. He thought of building a house on that land which was Lalpurja in his own name. They started building a house, but when they were building half of the house, the local non-Dalits demolished it saying that Dalits had built a house near their house.
When he was about to build a house on his own land, on the 10th of July, a group of more than 40 local so-called upper castes demolished his under-construction house saying ‘why did you build a house near our house’ because he was a Dalit. When they tried to build a house on their land purchased twenty-five years ago, they not only destroyed it, but also destroyed the crops of the victim Okheda and were beaten and abused. The victim, Okheda, said, ‘The land is in my name, the upper-caste people of this place invaded the house being built, destroyed the crops and insulted them as Dalits and low castes.’
Saraswati Khadka of Gariganga Municipality-7 of Kailali District and Suresh Bishwakarma of Godavari Municipality-9 had an inter-caste marriage on February 29, 2079. Recently, the police of Gaushala Police Circle in Kathmandu abused them by saying that they are not ashamed to marry Kami as Khadka’s daughter. Both Suresh and Saraswati are under mental stress due to this incident and Suresh’s mother and brother are demanding safety in Kailali.
On June 15, Mukund Nepali’s house was set on fire due to the love relationship between 21-year-old Mukund Nepali of Gidikhol, Tatopani Rural Municipality-4 of Jumla district and Basanti Giri of the same place. Relatives from the girl’s side set fire to Mukund’s house at night due to the issue of love relationship. Although there was no human loss due to the fire, the house of the victim Nepali was completely damaged. About 28 households of the Dalit community of Gidikhol are still in a state of panic due to the incident. These cases of caste discrimination and untouchability are just examples.
Even though the preamble of the constitution says ‘to end all types of caste untouchability and build an egalitarian society based on the principle of proportional inclusion and participation to ensure social justice’, incidents of caste discrimination and untouchability are happening all over the country. The coordinator of the Scientific Socialist Communist Party, Bishwabhakt Dulal ‘Ahuti’, said that until the economic and social conditions of the Dalit community improve, the problems of caste discrimination and untouchability that they are facing cannot be solved.
Federal democratic republic is practiced in the country. It is said that with the construction of a society based on social justice, the country will move forward on the path of economic development. However, 14 percent of the total population of the Dalit community is still living a life of discrimination. The Dalit community, which has been left behind economically, socially and politically for centuries, has to become a victim of culturally rooted untouchability.
Coordinator ‘Ahuti’ says that not only untouchability, but also the economic, social, cultural and political problems of the Dalit community should be solved once and for all. Article 24 of the Constitution of Nepal 2072 “Right against untouchability and discrimination” (1) states that “no person shall be subjected to any kind of untouchability or discrimination in any private or public place on the basis of his origin, caste, caste, community, profession, occupation or physical condition.” ‘ has been said. Bindu Pariyar, president of Nepal Dalit Mahila Utthan Sangh (Adwan), comments that it is a matter of irony that even in today’s 21st century, Dalit community has to suffer inhuman treatment due to caste discrimination and untouchability. He said that it is sad that the incidence of discrimination against the Dalit community is increasing across the country, contrary to the constitution, laws and policies.
Article 24 (3) of the Constitution states that ‘to promote any person or community on the basis of origin, race, caste or physical condition, to justify social discrimination on the basis of caste or untouchability, or to propagate ideas based on untouchability and racial superiority or hatred, or to promote racial discrimination in any way. It is said that it cannot be encouraged in any way. However, it has not been effectively implemented.
Article 40 of the Constitution provides for the ‘Rights of Dalits’. It is not that there are no laws/laws, policies/rules to end caste discrimination and untouchability. Today, it has been 12 years since the ‘Caste Discrimination and Crime and Punishment Act, 2068’ was promulgated during the time of the then Prime Minister Jhalnath Khanal. However, the Act has not been implemented effectively. Manvire Sunar (Calicot), Shivshankar Das (Saptari), Sete Damai (Dailekh), Jhuma Vick (Taplejung), Sangeeta Pariyar (Tanahun), Rajesh Nepali (Parvat), Asmita Sarki (Jhapa), Lakshmi Pariyar (Kavre), Ajit Mizar (Kavre), Shreya Sunar (Kaski), Mana Sarki (Calicot), Rupmati Kumari Das (Morang), Ditiya Reshma Rasaili (Dhanusha), Maya Vick (Kailali), Tikaram Nepali (Rukum), Around 20 Dalit Sumada people including Angira Pasi (Rupandehi) and Navraj Vick (Jajarkot) have died. Most of the victims of these incidents have not yet received justice.
Ajit Mizar of Panchkhal Kavre was murdered in 2073 due to inter-caste marriage. Mizar had a love marriage with a young girl from Parajuli Thara from the nearby village of Jamdi on 25 June 2073. Due to extensive pressure from the girl’s side, their marriage broke up within two days. On June 29, Ajit became uncontactable. The next day he was found hanging in the forest of Dhading, Parewatar. His body is still at the Teaching Hospital, Maharajganj awaiting justice.
In the Racial Discrimination and (Offenses and Punishment) Act, 2068, it is stated that ‘no one shall commit or cause caste and other social discrimination and harassment’. It is mentioned in the Act, ‘Any person who does or causes any act based on custom, tradition, religion, culture, customs, caste, caste, clan, community, profession or occupation or physical condition will be considered to have committed caste and other social discrimination. ‘
Politburo member of CPN (Maoist Center) Parashuram Ramtel demands that even now the administrative bodies are showing ignorance about the law and the state should publicize about the law and implement it effectively. In the law, if it is found that a crime has been committed in accordance with the law, the court has provided that the victim should be compensated up to two lakh rupees by the criminal. It has also provided that the offenders will be imprisoned from three months to three years and fined from 50,000 to 200,000 rupees.
The leader of CPN (Unified Socialist) Ganesh Vick demanded equal participation of the Dalit community in the law enforcement agencies, mentioning the context of violation of the law by the police who are assigned to enforce the law. Article 40 (1) of the Constitution states that ‘Dalits shall have the right to participate in all state bodies based on the principle of proportional inclusion’.
Article 42 (1) of the Constitution and the directive principle of the state are said to institutionalize the principle of proportional inclusion. However, this basic spirit of the constitution could not be implemented in the last election of the House of Representatives. Currently, there are 16 MPs from the Dalit community in the House of Representatives, 15 proportionally elected and 1 directly elected. This comes to a total of 5.81 percent.
It has been 14 years since Nepal entered the Federal Democratic Republic as a contribution of the struggle of the Nepalese people. After the political changes of 2007, the movement of 2046, the Maoist people’s war and the people’s movement of 2062/63, the first meeting of the Constituent Assembly abolished the monarchy on 15th June 2065 and established a republic in Nepal. The Dalit community has also made an incomparable contribution to these various struggles for the transformation of the country. However, their economic, social, political and cultural problems are still there. Since the year 2004, the Dalit community has been protesting against discrimination in an organized manner, but there has been no reduction in cases of caste discrimination and untouchability. For the creation of an egalitarian society based on social justice, social change cannot be achieved until the liberation of the Dalit community, which has been suffering from caste discrimination and untouchability for centuries.
